Apache County v. Barth

Citations

• 177 U.S. 538
• 20 S. Ct. 718
• 44 L. Ed. 878
• 1900 U.S. LEXIS 1824

Syllabus

<p>In an action at common law to recover from a municipal organization upon a warranty issued by it, when the defendant denies the execution of it, and sets up that it is a forgery, the plaintiff, in order to be entitled to put the instrument in evidence, and thereby make a prima facie case, would be compelled to prove its execution.</p> <p>The Revised Statutes of Arizona of 1881, provide: “135. (Sec. 81.) Any answer setting up any of the following matters, unless the truth of the pleadings appear of record, shall be verified by affidavit— ... 8. A denial of the execution by himself or by his authority of any instrument in writing upon which any pleading is founded, in whole or in part, and charged to have been executed by him or by his authority, and not alleged to be lost or destroyed. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit will be sufficient if it state that the affiant has reason to believe and does believe, that such instrument was not executed by the decedent or by his authority.” Held, That when the defendant did not verify his answer in a case provided for therein, the note or warrant or other paper sued on was admitted as genuine, but when an answer denying that fact was verified, the plaintiff must prove it as he would have to do at common law in a case where the genuineness of the paper was put at issue by the pleadings.</p>